Individual Rights Versus Public Order

Individual Rights Versus Public Order

Individual rights are a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the due process model of criminal justice (Knowledge rush, 2009). Individual rights allow a person the liberty to live as he or she desires. The very essence of how this country was established also affords this country the freedom of choice.

The founding fathers decided that some individual rights needed to be guaranteed to its citizens. The experience of a King ruling with absolute authority over citizens was unacceptable. The written form of these guarantees was later known as the Bill of Rights and these rights are what guide the writing of our modern laws. Thomas Jefferson wrote in a letter to James Madison: "The bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference (America.gov, 2009)." Jefferson and the rest of the authors of are earliest laws were debating the need to establish individual rights against the idea of a central government (America.gov, 2009).

In the United States, the Constitution outlines individual rights within the Bill of Rights. The advantages of individual rights are many. Individual rights structure society to have social control by the government. Also, since the government stands by the Constitution this creates a safe society for its citizens. If people feel that the Constitution is safe they are less likely to violate the law, which in return protects the people. Finally, individual rights motive people to undertake these duties and their associated risk for example, resisting arrest and fighting back (Knowledgerush, 2009).

America.gov. (2009). Introduction: Rights of the People. Retrieved August 23, 2009 from http://www.america.gov/st/democracy-english/2008/June/20080630203307eaifas0.1590082.html

Knowledgerush. (2009). Individual Rights. Retrieved August 23, 2009 from http://www.knowledgerush.com/kr/encyclopedia/Individual_rights/